R765-801-3. General Rights of Due Process

  (1) In matters of non-academic conduct that may result in either expulsion or a minimum 10-day suspension, institutions will provide students the following minimum due process:

  (a) Notice: Prior to being interviewed about allegations of misconduct, the institution shall provide students with notice of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney.

  (i) During an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.

  (b) Explanation of the evidence: Prior to a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair (or hearing officer) copies of the documents they intend to submit as evidence and a list of witnesses they intend to call during the formal hearing. This information will be shared with both parties. In all circumstances, including informal processes, institutions will provide students an explanation of the evidence against them.

  (c) Opportunity to respond: Institutions will provide students an opportunity for a full hearing at which they can respond to the allegations and evidence against them. With the agreement of all parties, institutions may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.

  (i) At formal adjudicatory hearings, students may have an advisor advocate for them. The student's advisor may be an attorney. The student's advisor may actively participate in the hearing in accordance with the institution's policies regarding active participation.